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Portrait ofJuan Ignacio Fernández Aguado

Juan Ignacio Fernández Aguado

Partner

CMS Albiñana & Suárez de Lezo
Paseo de Recoletos 7–9
28004 Madrid
Spain
Languages Spanish, English
Dispute Resolution

Juan Ignacio Fernández Aguado is a Partner of the Dispute Resolution department at CMS Albiñana & Suárez de Lezo. He has extensive experience in civil and commercial procedural law, bankruptcy law, economic criminal procedure law and litigation-administrative procedural law. In addition, he is an arbitrator of the Arbitration Court of the Chamber of Commerce of Madrid.

He has been involved in all types of civil and corporate proceedings throughout all stages and instances, including those heard before the Supreme Court. Moreover, he also has experience in arbitration proceedings, including action for annulment, as well as contentious-administrative and financial crime cases.

Juan Ignacio has been recognized in the areas of Dispute Resolution and Restructuring & Insolvency by the main legal directories such as Chambers & Partners and Legal 500. Additionally, in 2016 he received the Global Award in the category of Civil & Commercial Law.

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"I would highlight the immediate attention he provides and his speedy resolution of issues".

Chambers & Partners

Relevant experience

  • Juan Ignacio has advised individuals and legal entities on a variety of procedures such as Heineken in several arbitrations for the challenge of corporate resolutions or Telefónica and Ibercaja in proceedings taken on by the directors.
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Publications

  • Juan Ignacio has written a wide range of articles and pieces for both specialist and general publications and editorials.
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Lectures list

  • Throughout his vast professional career, he has spoken at numerous prestigious conferences and events at universities and education institutions.
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Education

  • 1997 - Doctorate courses, Universidad Pontificia Comillas ICADE, Madrid (Spain).
  • 1993 - Corporate Legal Counsel, Universidad Pontificia Comillas ICADE, Madrid (Spain).
  • 1993 - Graduate of Law, Universidad Pontificia Comillas ICADE, Madrid (Spain).
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Insolvency & Restructuring

Juan Ignacio Fernández Aguado is a Partner of the Dispute Resolution department at CMS Albiñana & Suárez de Lezo. He has extensive experience in civil and commercial procedural law, bankruptcy law, economic criminal procedure law and litigation-administrative procedural law. In addition, he is an arbitrator of the Arbitration Court of the Chamber of Commerce of Madrid.

He has been recognized in the areas of Dispute Resolution and Restructuring & Insolvency by the main legal directories such as Chambers & Partners and Legal 500. Additionally, in 2016 he received the Global Award in the category of Civil & Commercial Law.

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"I would highlight the immediate attention he provides and his speedy resolution of issues".

Chambers & Partners

Relevant experience

  • Juan Ignacio has advised individuals and legal entities on a variety of procedures such as Bankia, Banesto or Inmobiliaria Chamartín in the defence of their interests in different bankruptcy proceedings.
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Publications

  • Juan Ignacio has written a wide range of articles and pieces for both specialist and general publications and editorials.
more less

Lectures list

  • Throughout his vast professional career, he has spoken at numerous prestigious conferences and events at universities and education institutions.
more less

Education

  • 1997 - Doctorate courses, Universidad Pontificia Comillas ICADE, Madrid (Spain).
  • 1993 - Corporate Legal Counsel, Universidad Pontificia Comillas ICADE, Madrid (Spain).
  • 1993 - Graduate of Law, Universidad Pontificia Comillas ICADE, Madrid (Spain).
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Feed

23/02/2024
Harmonisation of avoidance rights from a Spanish perspective
Avoidance action is an umbrella term for adversary proceedings that seek to unwind or avoid transactions that occurred before an insolvency filing. These actions are also referred to as “claw-back claims”...
14/02/2024
Recognition and enforcement of foreign judgments in Spain
1. Is there an exequatur procedure? Yes. For the recognition of a foreign judgment or an arbitral award, Spanish law separates the procedure into two different parts: first, the recognition where the...
29/12/2023
CMS Disputes Talk
Our CMS Disputes Talk podcast series is delving into the hottest trends in dispute resolution. Join us as we navigate the ever-evolving landscape of legal conflicts, offering insightful discussions, expert...
18/12/2023
CMS International Disputes Digest – 2023 Winter Edition
Welcome to our winter 2023 edition of the International Disputes Digest, analysing current trends in dispute resolution around the world with insights into, and potential solutions for, the challenges facing global business. With unrest and uncertainty reigning in both Europe and the Middle East, never has the guidance in this digest been more applicable. In Europe, the war in Ukraine is now in its second year. Apart from the incalculable human cost, this conflict continues to impact energy prices, supply chains, political stability, and isolates the Russian Federation from the international business community. The war in Israel is equally tragic in terms of human suffering with an impact that is reverberating internationally. As for the pandemic, COVID-19 restrictions are largely over with no indication that they will return in the near future. The COVID-19 virus, however, remains a threat – although arguably a less lethal one – and a public-health concern that is likely to remain indefinitely. The articles in this digest consider strategies to mitigate the impact of those challenges and others that may be affecting your business. We hope you enjoy reading it and wish you a peaceful festive break, with best wishes for 2024. 
04/12/2023
International arbitration law and rules in Spain
According to a recent survey of the Spanish market, 47% of companies would choose arbitration as their preferred method for dispute resolution, with 27% opting for arbitration as the sole method for dispute...
14/08/2023
CMS Expert Guide to Digital Litigation in Spain
1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. Digitalisation is increasingly present in Spain's judicial system. Any claim, writ or document to...
Comparable
19/07/2023
Pre-pack insolvency proceedings: the Spanish approach
A pre-pack insolvency proceeding is a sale of the still-viable production unit of an insolvent company, negotiated before the formal judicial declaration of the insolvency process, by the judicial appointment...
26/06/2023
International Disputes Digest - 2023 Summer Edition
We are pleased to present the summer edition of the International Disputes Digest, our bi-annual publication bringing essential news and analysis on the latest trends in dis­pute-res­ol­u­tion around the world. There are many crises and problems that continue to complicate global business. These include inflation, particularly in the energy sector, as the EU and other regions struggle to wean themselves from Russian natural gas and oil. There is also the US debt crisis, which has weakened international confidence in the economy and distracted Washington from pressing issues, such as its relationship with China and the on-going war in the Ukraine. We hope that the articles in this digest provide readers with the know-how and tools to help them resolve any disputes or setbacks they may face. In this edition, we feature a range of articles from around the world on topics such as ESG litigation, the financial impact of cyber-attacks on businesses, post-merger disputes, the use of arbitration in resolving M&A-related issues, and how disputes can be managed in digital trade transactions. We also explore the reasons behind a wave of class action lawsuits in Portugal, the influence of personal relationships among arbitrators on disclosure, recusal, or appeals, and the 'without prejudice' principle, amongst other matters. We hope that you enjoy reading these articles and please do not hesitate to contact us should you wish to discuss any issues in relation to them.  
23/08/2022
Restructuring and insolvency law in Spain
1. What is the primary legislation governing insolvency and restructuring proceedings in your jurisdiction? The Insolvency Act (22/2003) – to be replaced by its Consolidated text on 1 September 2020...
Comparable
21/07/2022
CMS International Disputes Digest - 2022 Summer Edition
Welcome to the summer edition of the International Disputes Digest, a bi-annual publication that highlights, explores and analyses the latest trends in the global dis­pute-res­ol­u­tion sector. Although the...
23/03/2022
Class actions in Spain
See the Overview of the Representative Actions Directive >> 1. Do you have a specific procedure or procedures for bringing “opt-in” class actions?  If so, please outline such procedure(s) and...
Comparable
28/07/2021
Interim measures in Spain
1. APPLICABLE LAW 1.1.1 Previously, interim measures were regulated by the former Spanish Civil Procedure Act, 3 February 1881. The provisions relating to interim measures were unclear. 1.1.2 The Spanish...